Beruflich Dokumente
Kultur Dokumente
PLAINTIFFS DEFENDANTS
ATTORNEYS (Firm Name, Address, and Telephone No.) ATTORNEYS (If Known)
PARTY (Check One Box Only) PARTY (Check One Box Only)
Debtor U.S. Trustee/Bankruptcy Admin Debtor U.S. Trustee/Bankruptcy Admin
Creditor Trustee Other Creditor Trustee Other
CAUSE OF ACTION (WRITE A BRIEF STATEMENT OF CAUSE OF ACTION, INCLUDING ALL U.S. STATUTES INVOLVED)
NATURE OF SUIT
(Number up to five (5) boxes starting with the lead cause of action as 1, first alternative cause as 2, second alternative cause as 3, etc.)
Check if this case involves a substantive issue of state law Check if this is asserted to be a class action under FRCP 23
INSTRUCTIONS
The filing of a bankruptcy case creates an "estate" under the jurisdiction of the bankruptcy court which consists of all of
the property of the debtor, wherever that property is located. Because the bankruptcy estate is so extensive and the jurisdiction
of the court so broad, there may be lawsuits over the property or property rights of the estate. There also may be lawsuits
concerning the debtor’s discharge. If such a lawsuit is filed in a bankruptcy court, it is called an adversary proceeding.
A party filing an adversary proceeding must also must complete and file Form 104, the Adversary Proceeding Cover Sheet,
if it is required by the court. In some courts, the cover sheet is not required when the adversary proceeding is filed electronically
through the court's Case Management/Electronic Case Files (CM/ECF) system. (CM/ECF captures the information on Form 104
as part of the filing process.) When completed, the cover sheet summarizes basic information on the adversary proceeding. The
clerk of court needs the information to process the adversary proceeding and prepare required statistical reports on court activity.
The cover sheet and the information contained on it do not replace or supplement the filing and service of pleadings or
other papers as required by law, the Bankruptcy Rules, or the local rules of court. The cover sheet, which is largely self-
explanatory, must be completed by the plaintiff’s attorney (or by the plaintiff if the plaintiff is not represented by an attorney).
A separate cover sheet must be submitted to the clerk for each complaint filed.
Plaintiffs and Defendants. Give the names of the plaintiffs and defendants exactly as they appear on the complaint.
Party. Check the most appropriate box in the first column for the plaintiffs and the second column for the defendants.
Signature. This cover sheet must be signed by the attorney of record in the box on the second page of the form. If the plaintiff
is represented by a law firm, a member of the firm must sign. If the plaintiff is pro se, that is, not represented by an attorney,
the plaintiff must sign.